By Sheldon Spackman

Findings Upheld

Local dentist loses appeal of unprofessional conduct ruling

May 4, 2020 | 1:00 PM

A local dentist disciplined for unprofessional conduct through his advertising practices has had his appeal of those findings dismissed.

On Wednesday, the Court of Appeal of Alberta announced they were dismissing an appeal from Dr. Michael Zuk of Bower Dental in Red Deer, and upholding 18 of 21 findings against him initially brought on from a Hearing Tribunal of the Alberta Dental Association & College (ADA&C).

Previously in 2018, an Appeal Panel of the Council of the ADA&C, upheld the Hearing Tribunal’s initial findings against Dr. Zuk, in respect of the 21 counts of unprofessional conduct under the Health Professions Act, and the imposed sanction and costs.

On further appeal by Dr. Zuk, the Court of Appeal of Alberta overturned two out of 21 of the findings of unprofessional conduct upheld by the ADA&C Appeal Panel, but ruled that a third finding had been overemphasized; thereby directing the ADA&C Council to reconsider sanction and costs.

Upon reconsideration from the ADA&C Council, Dr. Zuk’s period of suspension from practice was reduced from 12 months to six months, and the initial quantum of costs awarded against him reduced by $50,000.

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In addition, the Hearing Tribunal’s recommendation that Zuk take an online ethics course was also upheld by the Court of Appeal of Alberta in its ruling.

Zuk’s appeal of the Hearing Tribunal’s initial findings and subsequent findings of the Appeal Panel of the Council of the ADA&C, claimed members of the ADA&C Appeal Panel erred in failing to disqualify themselves from the reconsideration hearing, and further argued that the reconsidered sanction and costs imposed were unreasonable.

Speaking to rdnewsNOW in 2019, Zuk claimed there were double standards in advertising in Alberta, and he wanted to bring those, and other concerns forward to the ADA&C, which ultimately lead to a years-long dispute with the organization.

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In their ruling, the Court of Appeal of Alberta concluded there was no reason to believe the Appeal Panel of the ADA&C did not reconsider sanction and costs against Dr. Zuk.

“Moreover, the Appeal Panel had the advantage of a detailed knowledge of the evidence behind the affirmed charges. We are unable to conclude that the Appeal Panel on reconsideration made any extricable error of law, or that its decisions on sanction or costs were unreasonable.”

Officials with the Alberta Dental Association and College have declined to comment on the ruling.